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2025 Supreme(Online)(Gau) 4404

GAUHATI HIGH COURT
Nyali Ori and 3 Ors – Appellant
Versus
Karli Kamchi and Anr – Respondent
CRP 17 / 2025



GAHC040003662025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

(ITANAGAR BENCH) Case No. : CRP/17/2025 Nyali Ori and 3 Ors Son of Late Tonya Ori, resident of Aalo Yijo, PO and PS Aalo, West Siang District, Arunachal Pradesh. 2: Doli Kami Age:

Occupation :

Son of Shri Pagdo Kami resident of Panya Village PO and PS Aalo West Siang District Arunachal Pradesh.

3: Domin Lollen Age:

Occupation :

Son of Shri Bedo Lollen resident of Panya Village PO and PS Aalo West Siang District Arunachal Pradesh.

4: Remi Lollen Age:

Occupation :

Son of Late Mere Lollen resident of Bogdo Village PO and PS Aalo West Siang District Arunachal Pradesh VERSUS Karli Kamchi and Anr Son of Late Lomkar Kamchi, resident of Panya Village, PO and PS Aalo, West Siang District, Arunachal Pradesh. 2:Geli Kamchi Age: 0 Occupation :

Son of Shri Henge Kamchi resident of Panya Village PO and PS Aalo West Siang District Arunachal Pradesh Advocate for the Petitioner : Marto Kato, Licha Rakap,T Epa,Yasmin Gao,M Tanga,Mepe Ete,Nyali Sora Advocate for the Respondent : T T Tara, Pondit Ronya,Kirmani Lollen,Terji Kamchi,Taba Tokur,Khoda Apa,Gamken Bam BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

27.05.2025 Date :

Heard Mr. Marto Kato, learned counsel for the petitioners. Also heard Mr.

Tadup Tana Tara, learned counsel for the respondents.

The challenge in the present proceeding is to an order, dated 11.02.2025, passed by the learned Civil Judge(Sr. Dvn.), Aalo, West Siang District, in Misc.

Case No. 22/2024 in Civil Appeal No. 04/2024.

The respondents, herein, had instituted the said Civil Appeal No. 04/2024 and had also preferred an application being Misc. Case No. 22/2024, praying for condonation of delay of 21 days in filing the connected civil appeal.

The learned trial Court on consideration of the matter and on drawing satisfaction that the appeal, in question, was filed within the limitation period as the limitation in the matter was to be reckoned from the date when the order of Keba was received by the respondents.

Accordingly, basing on the said conclusion, the learned trial Court proceeded to allow the application seeking condonation of delay and had directed that the connected Civil Appeal No. 04/2024 shall proceed further in accordance with law.

I have perused the application as filed by the respondents before the learned trial Court and I am of the considered view that sufficient cause has been set-out therein and the learned trial Court had rightly exercised its discretion in condoning the delay of 21 days involved in filing the connected appeal being Civil Appeal No. 04/2024.

The petitioners in the present petition, have failed to highlight that the discretion exercised by the learned trial Court was so exercised without there being any cogent material on record.

In view of the above position, this Court is of the considered view that no error exists in the order, dated 11.02.2025, passed by the learned Civil Judge(Sr. Dvn.), Aalo, West Siang District, in Misc case No. 22/2024, in Civil Appeal No. 04/2024; and the same accordingly would not mandate any interference from this Court.

The instant civil revision petition accordingly stands dismissed.

Interim order, if any, stands vacated.

JUDGE Comparing Assistant

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